경락대금 등
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
1. The reasons for the court’s explanation of this case are as follows, except for the addition of the following to the part “3.... judgment” judgment of the court of first instance, and therefore, it is citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. In full view of the following circumstances acknowledged by the respective descriptions of Gap evidence Nos. 1 through 9, Eul evidence Nos. 1 and Eul evidence Nos. 1 and 3 and the purport of the whole pleadings, since defendant Eul, the debtor, cannot be deemed to bear the liability for warranty in the auction of this case, the plaintiff's assertion on this premise is without merit.
The contents of Articles 572 and 578 of the Civil Act are as follows.
(1) If a part of the right which has become an object of sale belongs to another person, and it is impossible for the buyer to acquire such right and transfer it to another person, the buyer may demand reduction of the price in proportion to such part.
(2) If only the remaining parts have not been purchased in the case of the preceding paragraph, the bona fide buyer may rescind the whole contract.
(3) The buyer of the good faith may claim damages in addition to a request for reduction or cancellation of the contract.
(1) In case of an auction under Article 578 (Sale and Seller's Liability for Warranty), a successful bidder may demand the debtor to cancel the contract or to reduce the price under the preceding eight Articles.
(2) In the case of the preceding paragraph, if the obligor is insufficient, the successful bidder may demand the creditor who has received the distribution of the price to refund all or part of the price.
(3) In the cases as referred to in the preceding two paragraphs, if the obligor fails to notify the deficiency of the article or right, or the obligee requests an auction with the knowledge of it, the successful bidder may claim damages against the obligor or obligee known the deficiency.
B. The above provisions of the Civil Code shall apply to the subject matter of sale.